W.P. (C) 7889/2014. Case: Hima Sood Vs Government of NCT of Delhi. High Court of Delhi (India)
| Case Number | W.P. (C) 7889/2014 |
| Counsel | For Appellant: Aaditya Vijay Kumar, Advocate and For Respondents: Zubeda Begum, Standing Counsel |
| Judges | S. Ravindra Bhat and Vipin Sanghi, JJ. |
| Issue | Service Law |
| Judgement Date | November 17, 2014 |
| Court | High Court of Delhi (India) |
Judgment:
S. Ravindra Bhat, J.
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The petitioner is aggrieved by an order of the Central Administrative Tribunal (hereafter referred to as 'CAT') dated19.09.2014 which rejected her application - OA no.1752/2013. She had applied for the post of PGT (Biology) advertised by the Government of NCT of Delhi through the Delhi Subordinate Services Selection Board (hereafter referred to as 'DSSSB') being advertisement no.2/2010; the number of posts advertised were 12.
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The relevant facts are that the essential qualification for the post of PGT is a master's degree in the subject concerned from a recognized University. The rule states in this regard as follows:-
"Educational and other qualifications required for direct recruits
Essential:
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Master's Degree (or its equivalent Oriental Degree in the case of P.G.T.Sanskrit/Hindi) in the subject concerned from any recognized University.
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Degree/Diploma in Training/Education.
Desirable:
3 years, experience of teaching in a College/Higher Secondary School/High School in the subject concerned."
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The petitioner applied to participate in the examination conducted by the DSSSB and participated in the process. Later, upon declaration of results, she was asked to produce the documents on 27.12.2012. The Government of NCT of Delhi was of the opinion that since the petitioner did not possess the post graduate degree in either Botany or Zoology, but in Micro Biology, she was ineligible for appointment. It took a similar position in respect of others who also approached the CAT and whose applications were part of the common order; they had post graduate degree in Genetics, Bio Chemistry etc. In these circumstances, the petitioner and others approached the CAT for a direction that they ought to be considered for appointment.
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The Government of NCT of Delhi resisted the application contending that though the advertisement generally mentioned that candidates with a post graduate degree in the concerned subject were eligible, the subjects in which the applicant/petitioner obtained post graduation, i.e., Micro Biology (in the petitioner's case) and other specialization such as Genetic and Bio Chemistry - in the case of others, could not be considered to have fulfilled the eligibility criteria. They relied upon the report of the expert committee constituted to examine this precise aspect. The report was submitted to the Government of NCT of Delhi, Directorate of Education. The Minutes of the meeting of the Select...
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